THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 

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ARRANGEMENT OF SECTIONS 

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SECTIONS  

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Declaration of an area as disturbed area. 
4.  Constitution of Special Courts. 
5.  Jurisdiction of Special Courts. 
6.  Procedure and powers of Special Courts. 
7.  Power to transfer cases to regular courts. 
8.  Appeal and revision. 
9.  Overriding effect of Act. 
10.  Saving. 

THE SCHEDULE 

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THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 

ACT NO. 77 OF 1976 

An  Act  to  provide  for  the  speedy  trial  of  certain  offences  in  certain  areas  and  for  matters 

connected therewith. 

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Disturbed Areas (Special 

[11th June, 1976.] 

Courts) Act, 1976. 

(2) It extends to the whole of India 1***. 

(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint and different dates may be  appointed for different States or for different parts 
thereof. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 

(b) “disturbed area” means an area declared as a disturbed area under section 3; 

(c) period of disturbance, in relation to a disturbed area, means the period during which it is to be 

a disturbed area for the purposes of section 3; 

(d) “scheduled offence” means an offence specified in the Schedule being an offence forming part 

or arising out of, or connected with, any such disturbance as is referred to in section 3; 

(e) “Special Court” means a Special Court constituted under section 4; 

(f) words and expressions used but not defined in this Act, and defined in the Code shall have the 

meanings respectively assigned to them in the Code. 

3. Declaration of an area as disturbed area.—(1) Where a State Government is satisfied that— 

(i) there was, or 

(ii) there is, 

in  any  area  within  a  State  extensive  disturbance  of  the  public  peace  and  tranquillity,  by  reason  of 
differences  or  disputes  between  members  of  different  religious,  racial,  language  or  regional  groups  or 
castes or communities, it may, by notification in the Official Gazette, declare such area to be a disturbed 
area. 

(2) A notification issued under sub-section (1) in respect of any area shall specify the period during 
which the area shall, for the purposes of this section, be a disturbed area and where the State Government 
is  satisfied  that  there  was  such  disturbance  of  public  peace  and  tranquillity  as  is  referred  to  in               
sub-section (1) in that area from any date prior to the issue of such notification, the period specified in the 
notification may commence from that date: 

Provided that— 

(a) no period commencing from a date earlier than three months before the date of publication of 

the notification shall be specified therein; and 

(b) so much of the period specified in such notification as is subsequent to the date of publication 
of the notification shall not, in the first instance, exceed three months but the State Government may 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule                                

(w.e.f. 31-10-2019). 

2. 15th August, 1976, vide notification No.  S.O. 549(E), dated 13th August, 1976, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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amend such notification to extend such period from time to time by any period not exceeding three 
months at any one time if in the opinion of the State Government there continues to be in such area 
such disturbance of public peace and tranquillity as is referred to in sub-section (1): 

Provided further that where the State Government is satisfied that there is no longer such disturbance 
of  public  peace  and  tranquillity  as  is  referred  to  in  sub-section  (1)  in  such  area,  it  shall  amend  the 
notification  issued  under  that  sub-section  in  respect  of  that  area  to  limit  the  period  specified  therein 
(whether originally or by amendment under the preceding proviso) accordingly. 

Karnataka 

STATE AMENDMENT 

Amendment  of  section  3.-In  section  3  of  the  Disturbed  Areas  (Special  Courts)  Act,  1976  (Central 
Act  77  of  1976)  in  sub-section  (1),  after  the  words “castes  or  communities”,  the  words  “or  due  to  any 
other reason” shall be inserted. 

[Vide Karnataka Act 49 of 1981, s. 2] 

Manipur 

STATE AMENDMENT 

Amendment  of  section  3.-In  section  3  of  the  Disturbed  Areas  (Special  Courts)  Act,  1976, 

(hereinafter referred to as the Principal Act):-- 

 (a)  in  sub-section  (1),  between  the  words,  “communities”,  and  “it  may”,  the  following  words, 

brackets and figures shall be inserted, namely— 

“or  by  reason  of  extension  and  indiscriminate  armed  violence  by  members  of  an  association 
declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”; 
(b)  in sub-section (2)— 

(i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the 
words,  letters  and  brackets,  “save  in  respect  of  the  cases  referred  to  in  clause  (aa)”,  shall  be 
inserted in the beginning, and  

(ii)  below  clause  (a)  of  the  proviso  so  amended,  the  following  clause  shall  be  added, 

namely:-- 

“(aa)  in  respect  of  extensive  and  indiscriminate  armed  violence  by  members  of  any 
association  declared  as  unlawful  association  under  the  Unlawful  Activities  (Prevention) 
Act,  1967,  no  period  commencing  from  a  date  earlier  than  the  date  of  publication  of  the 
notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 
1958) in respect of that area or earlier than two years before the date of publication of the 
notification under sub-section (1), shall be specified therein; and”. 

[Vide Manipur Act 11 of 1982, s. 2] 

4.  Constitution  of  Special  Courts.—(1)  The  State  Government  may,  for  the  purpose  of  providing 
speedy trial of scheduled offences committed in disturbed areas, by notification in the Official Gazette, 
constitute as many Special Courts as may be necessary in or in relation to such disturbed area or areas as 
may be specified in the notification. 

(2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon a 

request made by the State Government. 

Explanation.—In  this  sub-section,  the  word  “appoint”  shall  have  the  meaning  given  to  it  in  the 

Explanation to section 9 of the Code. 

(3) A person shall not be qualified for appointment as a judge of a Special Court unless— 

(a) he is qualified for appointment as a judge of a High Court, or 

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(b) he has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions 

Judge. 

(4)  Notwithstanding  anything  contained  in  sub-section  (3),  a  person  shall  not  be  eligible  for  being 
appointed as, and for being, a Judge of a Special Court in any State after he has attained the age at which 
Sessions Judges in that State have to retire from service. 

5. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code or any other 
law, a scheduled offence committed in any disturbed area at any time during the period during which it is 
a disturbed area shall be triable, whether during or after such period, only by the Special Court constituted 
in or in relation to the disturbed area in which the offence has been committed. 

(2)  When  trying  any  scheduled  offence,  a  Special  Court  may  also  try  any  offence  other  than  the 
scheduled offence with which the accused may, under the Code, be charged at the same trial if the offence 
is connected with the scheduled offence. 

6. Procedure and powers of Special Courts.—(1) Every scheduled offence shall be cognizable. 

(2) A Special Court may take cognizance of any scheduled offence,— 

(a) where under the Code such offence is an offence triable exclusively by a Court of Session, 
upon its being committed to it under section 209 of the Code as if the Special Court were a Court of 
Session; 

(b) in any other case, upon a police report of the facts together with a certificate from the public 

prosecutor to the effect that  the offence is triable exclusively by the Special Court. 

(3) Where a scheduled offence is an offence triable exclusively by a Court of Session under the Code, 
a Special Court shall have all the powers of a Court of Session and shall try such offence as if it were a 
Court of Session, so far as may be in accordance with the procedure prescribed in the Code for trial before 
a Court of Session. 

(4)  Where  a  scheduled  offence  is  an  offence  which  is  punishable  with  imprisonment  for  a  term 
exceeding  three  years  but  which,  according  to  the  provisions  of  the  Code,  is  not  an  offence  triable 
exclusively by a Court of Session, a Special Court may on taking cognizance of the offences perform the 
functions of a Magistrate under section 207 of the Code and thereafter try such offence so far as may be in 
accordance with the procedure prescribed in the Code for trial before a Court of Session as if the Special 
Court were a Court of Session and the case had been committed to it for trial under the provisions of the 
Code. 

(5) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years 
or with fine or with both, a Special Court may, notwithstanding anything contained in sub-section (1) of 
section  260  or  section  262  of  the  Code,  try  the  offence  in  a  summary  way  in  accordance  with  the 
procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall so far as 
may be, apply to such trial: 

Provided that when, in the course of a summary trial under this sub-section, it appears to the Special 
Court that the nature of the case is such that it is undesirable to try it summarily, the Special Court shall 
recall  any  witnesses  who  may  have  been  examined  and  proceed  to  re-hear  the  case  in  the  manner 
provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to 
and in relation to a Special Court as they apply to and in relation to a Magistrate: 

Provided further that in the case of any conviction in a summary trial under this section, it shall be 

lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding two years. 

(6) A Special Court may, with a view to obtaining the evidence of any person suspected to have been 
directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of 
his  making  a  full  and  true  disclosure  of  the  whole  circumstances  within  his  knowledge  relating  to  the 
offence and  to  every  other  person  concerned  whether  as  principal  or  abettor in the  commission  thereof 
and any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have been 
tendered under section 307 thereof. 

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7.  Power  to  transfer  cases  to  regular  courts.—Where,  after  taking  cognizance  of  any  offence,  a 
Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has 
no Jurisdiction to try the case, transfer the case for trial to any court having jurisdiction under the Code 
and the court to which the case is transferred may proceed with the case as if it had taken cognizance of 
the offence. 

8.  Appeal  and  revision.—The  High  Court  may  exercise,  so  far  as  they  may  be  applicable,  all  the 
powers conferred by Chapters XXIX and XXX of the Code on a High Court, as if a Special Court is a 
Court of Session trying cases within the local limits of the jurisdiction of the High Court. 

9.  Overriding  effect  of  Act.—(1)  The  provisions  of  this  Act  shall  have  notwithstanding  anything 
contained in the Code or any other law, but save as expressly provided in this Act, the provisions of the 
Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings 
before a Special Court; and for the purposes of the said provisions of the Code, the Special Court shall be 
deemed to be a Court of Session and the person conducting a prosecution before a Special Court shall be 
deemed to be a public prosecutor. 

(2) In particular and without prejudice to the generality of the provisions contained in sub-section (1), 
the provisions of sections 326 and 475 of the Code shall, so far as may be, apply to the proceedings before 
a Special Court, and for this purpose references in those provisions to a Magistrate shall be construed as 
references to the Special Court. 

Manipur 

STATE AMENDMENT 

Amendment  of  section  9.-In  section  9  of  the  Principal  Act,  after  sub-section  (2),  the  following 

explanation shall be added, namely:-- 

“Explanation : The evidence recorded in the trial of a scheduled offence by a Court of Sessions or 
Magistrate before it or he has ceased to exercise jurisdiction therein shall, for the purpose of section 
326 of the Code, be construed as evidence so recorded by the predecessor of the Special Court”. 

[Vide Manipur Act 11 of 1982, s. 3] 

10.  Saving.—(1)  Nothing  in  this  Act  shall  affect  the  jurisdiction  exercisable  by,  or  the  procedure 
applicable to, any court or other authority under any law relating to the naval, military or air forces or any 
other armed forces of the Union. 

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred 

to in sub-section (1), a Special Court shall be deemed to be a court of ordinary criminal justice. 

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THE SCHEDULE 

[See section 2(d)] 

1. Offences under the following provisions of the Indian Penal Code (45 of 1860):— 

Section 120B; 

Sections 143 to 145, 147, 148, 151 to 155, 157, 158 and 160; 

Sections 182, 183, 186 to 190; 

Sections 193 to 195, 199, 201 to 203, 211 to 214, 216, 216A and 225; 

Sections 295 to 298; 

Sections 302, 303, 304, 307, 308, 323 to 335, 341 to 348, 352 to 358, 363 to 369 and 376; 

Sections 379, 380, 382, 384 to 387, 392 to 399, 402, 411, 412, 426, 427, 431, 435, 436, 440, 447 

to 462; 

Sections 504 to 506 and 509. 

2. Offences under the following provisions of the Arms Act, 1959 (54 of 1959):— 

Sections 25 to 30. 

3. Offences under the following provisions of the Indian Explosives Act, 1884 (4 of 1884):— 

Sections 6(3) and 8(2). 

Manipur 

STATE AMENDMENT 

In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures 
and letter, “Sections 120 B, 121 to 130” shall be substituted. 

[Vide Manipur  Act 11 of 1983, s. 4] 

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